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Acting Chief Justice Muhammad Anwar and Justice Khadim Hussain gave a safe verdict in the case against the Transgender Act related to the rights of transgenders in the Federal Sharia Court.
According to the decision of the Federal Sharia Court, intersex people cannot change their gender and cannot be called male or female.
The decision said that the government is obliged to provide medical, educational, and economic facilities to such people, Islam provides all human rights to transgenders, and the government is obliged to give them all rights.
According to the decision, gender is related to the biological sex of a person, and many acts of worship including prayer, fasting, and Hajj are related to gender, gender cannot be determined due to human feelings.
The judgment said that Section 2 of the Transgender Act is not against Shariat, Transgenders are entitled to all basic rights which are enshrined in the Constitution, and the gender of transgenders will be determined on the basis of prevailing physical effects.
The man who is dominated by the male influence will be considered a transgender. The Federal Shariah Court, while dealing with the petitions against the Transgender Act, said in the decision that under Section 7, by determining the sex of the will, anyone could have a share in the inheritance of the will. Inheritance can be done according to gender.
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The decision said that if a man or a woman calls themselves a transgender outside of their biological sex, it will be illegal. The Shariat Court declared Section F-2 of the Transgender Act to be against Shariat, and the rules made under the Transgender Act were also illegal. Held, it was said that the provisions declared illegal have no legal status.
